Download Hawaii Postnuptial Agreement Form [PDF]

Read this article and learn how to define a financial relationship between the two spouses using a Hawaii postnuptial agreement.

Last update: 9 May 2024

Download Hawaii Postnuptial Agreement Form [PDF]

The Hawaii postnuptial agreement is a legal document that determines the rights and obligations of each spouse in terms of their individual and marital property.

Each party will use the document to outline their assets and liabilities at the moment of signing the document, and the parties will determine how the property will be divided if they ever get divorced. However, the parties can also use this document to determine how they will manage the property during the marriage. 

The moment of signing the postnuptial agreement is the main difference between the postnuptial and prenuptial agreements. With the prenup agreement, the parties sign the document before getting married, while with the postnup agreement, the parties sign the document during their marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Hawaii

The laws and legal requirements for a postnuptial agreement in Hawaii are outlined in the decisions made by the state courts and a few provisions of the state law. The court decisions contain precedents that are later used as a source for determining the legality of the postnuptial agreements.

One of the most important court cases for the Hawaii postnuptial agreement is Chen v. Hoeflinger (2012). It provided that “[w]hether pre- or post-nuptial, marital agreements are enforceable if the agreement ‘is not unconscionable and has been voluntarily entered into by the parties with knowledge of the financial situation of the prospective spouse’.”

Signing Requirements for a Postnuptial Agreement in Hawaii

The state law provides that the Hawaii postnuptial agreement form must be signed by both spouses.

However, it doesn’t require the parties to provide a witness or notary acknowledgment for the document. Regardless, the parties should also consider completing this step since it can additionally confirm the authenticity of the document and provide additional security.

The notary public or a witness will confirm the identity of the signing parties and confirm that they have personally signed the document.

Postnuptial Agreement Enforcement in Hawaii

According to the state requirements, the Hawaii postnuptial agreement form will be considered enforceable if:

Postnuptial Agreement Enforcement Conditions

  • Both parties sign the agreement willingly, without coercion, fraud, or other kinds of pressure

  • The document is not unconscionable

  • Both parties have fully and truthfully disclosed their financial status in the postnuptial agreement before signing the document.

What Can a Postnuptial Agreement in Hawaii Cover?

The postnuptial agreement in Hawaii can cover multiple aspects of spouses’ financial and non-financial relationships. However, when drafting the postnuptial agreement, the parties should make sure all of the provisions included are in line with state law and public policy.

In this section, you can see some of the matters that are most commonly covered by the provisions of the postnuptial agreement template:

Provisions in a Postnuptial Agreement

  • Rights and responsibilities of the parties in connection with their individual and marital property

  • Right to sell, buy, lease, transfer, mortgage, or manage the property acquired during the marriage

  • Rules on the property division in case of marriage dissolution, divorce, death, or any similar event.

  • Matters connected with life insurance, pensions, wills, trusts, and more.

  • Choice of relevant law for the postnuptial agreement

Postnuptial Agreement in Hawaii: Validity Criteria

When it comes to the validity of the Hawaii postnuptial agreement, Section 572–22(b) of the Hawaii Revised Statutes provides that:

“An agreement between spouses providing for periodic payments for the support and maintenance of one spouse by the other, or for the support, maintenance, and education of children of the parties, when the agreement is made in contemplation of divorce or judicial separation, is valid; provided that:

     (1)  The agreement shall be subject to approval by the court in any subsequent proceeding for divorce or judicial separation; and

     (2)  Future payments under an approved agreement shall nevertheless be subject to increase, decrease, or termination from time to time upon application and a showing of circumstances justifying a modification thereof.”

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